Legal Issues And Solutions Of Account-based Network Virtual Property

With the rapid development of the Internet,the network virtual world occupies an increasing proportion in people's lives.After General Rules of the Civil Law of the People's Republic of China was issued,it is generally believed that the network virtual property,with its property attribution,can be protected by law.However,the legal protection concerned is still lacked.Therefore,the legal research of the network virtual property has important practical significance.This thesis divides the network virtual property into two categories,goods and account,and then focuses on the type of account to put forward some proposals,in terms of the relief approaches of different legal relationship and the inheritance system.Starting from the legal relationship between users and network operators and the one between users and users,this thesis analyzes the relief approaches of two different legal relations.First,user and network operator resolve the disputes of the breach of contract in accordance with the provisions of the user service agreement,and resolve their infringement disputes in accordance with the safety control duty according to the Tort Liability Law of the People's Republic of China.Secondly,on the premise that the ownership of network accounts belongs to users,infringement problems between users can be solved directly according to the Real Rights Law of the People's Republic of China.The thesis analyzes the cases of the type of account in the United States and summarizes the experience,then combining with the current situation in China,from the legislative and judicial perspectives,puts forward several proposals about the relief approaches to infringement.The inheritance of accounts is also one of the main issues.This thesis explores the conflict between the inheritance and user privacy protection,summarizes the different practices in Germany and the United States,and then from the point of legislation,puts forward several suggestions.Then,referring to the legislation of the United States on digital heritage,this thesis puts forward some suggestions on the construction of the inheritance from two aspects: the object,and the way of inheritance.